Introduction Vocabulary Flashcards
(24 cards)
administrative law
controls relationships between citizens and government organizations
Case law
Law based on precedents, that is
Judicial decisions from previous cases, rather than law, based on constitution, statues or regulations
Civil law
A term for private law governing the relationships between individuals
Common law
A system of law made by Englishman along time ago. It is based on precedents, long lost to time, but which became part of the English legal tradition. Since Canada’s legal system is modelled on England’s the English common law applies in Canada. (Guiding principle and largely unwritten)
Constitutional law
Division of power among laws that set the structure of federal, provincial, territorial government
Contract law
Outlines the requirements for legally binding agreements
Criminal law
The body of public law, that declares ask to be crimes and prescribes punishments for those crimes
Family law
Relationships between individuals living together, a spouse and parent child relationships
Labour law
Govern the relationship between employer and employee, for example, minimum wage pay equity working conditions, etc.
Natural law
Laws which, stem from a body of unchanging moral principles, regarded as the basis for all human contact idea that there exist a universal moral order. Independent of human will. (we can’t change this type of law because of this.)
Precedent
Something that has been done that can later served as an example a roll of how things should be done/a legal decision that serves as an example in authority in subsequent similar cases
Private law
Outlines the legal relationships between private citizens and citizens and organizations
Manage behaviour of a person and organizations conflict and pay damages to those wronged
Property law
Set a legal rules that controls to use enjoyment and rental property
Public law
Controls the relationships between government and the people who live in society (represents law that applies to all individuals)
Tort law
Deals with wrongs, other than a breach of contract, that one person commits against another person
Crown attorney
The lawyer prosecuting on behalf of the crown, and society and agent of the Attorney General (we do not have district attorneys in Canada so please use the term crown attorney) (criminal law)
Defendant
Criminal law -
The person being charged with an offence
Civil law - the party being sued
Habeas corpus
A document that requires a person to be brought to court to determine if you’re she is being legally to change the right to this document as protection against unlawful detention
Plaintiff
Civil law - the party suing
The term plaintive only applies to civil law in Canadian criminal law. The plaintiff is technically King Charles, the third Canada’s head of state in whose name criminal cases are prosecuted - the Crown attorney does the actual prosecuting all the half of the head of state
Primary sources of law
Direct sources of law, such as statues, cultural rules, and widely excepted social practises
Restitution
I deserve a penalty or punishment for wrong or crime vengeance, a sentencing objective
Rule of law
The fundamental principle that society is governed by law that applies equally to all persons, and that neither an individual no the government is above the law
Secondary sources of law
Sources that help us understand what lol means such as textbooks legal journal/essays all about interpreting primary sources of law mean
Positive law
Law, which is created by human beings to suit the purposes, in some respects the opposite of natural law